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(영문) 수원지방법원안양지원 2014.10.29 2013가단8999
근저당권설정등기말소
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B and C shall be within the Suwon District Court.

Reasons

1. On December 3, 199, the Plaintiff purchased the real estate indicated in the separate sheet (hereinafter “instant real estate”) on December 15, 2002, and completed the registration of ownership transfer in the Plaintiff’s future on October 15, 2002. As to the instant real estate, the registration of ownership transfer was completed on June 14, 2012 by integrating the maximum debt amount of 120,000,000 won, the debtor, E, the mortgagee, the mortgagee, the mortgagee B, and C of Suwon District Court, the Suwon-won District Court, No. 14279, Jun. 15, 2012, the registration of creation of a mortgage (hereinafter “the first mortgage establishment”) was completed on June 15, 2012, and the purport of the registration of creation of a mortgage cannot be acknowledged as the whole between the parties to the instant real estate and the registration office of Suwon Branch Branch, the debtor F, the debtor, and Suwon Branch of Suwon District Court, as the whole evidence No. 20130 on September 23, 20.

2. Determination on the cause of the claim

A. The first place registration of the establishment of a mortgage, which was completed on the instant real estate by the Plaintiff’s assertion, is null and void since E, who is the Plaintiff, forged the Plaintiff’s seal imprint design, etc. and forged all relevant documents necessary for the Plaintiff’s application for the establishment of a mortgage, and the second place registration of the establishment of a mortgage is deemed null and void since it was conducted without any cause by forging all relevant documents necessary for the Plaintiff’s application for the establishment of a mortgage after the Plaintiff

B. The following facts can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the statements in appraiser H and I, witness E and F, Gap's statements, Gap's evidence 5, 7, 8, 9, 10, 11 (including each number), Eul evidence 5-1, Eul evidence 9-1, 9-8, and Eul evidence 1-1 through 4, and it is insufficient to reverse the above recognition solely on the basis of the fact inquiry results with respect to one bank and the local resident center.

(i).

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